TRUSTLAW INDEX OF PRO BONO 2016

SPREADING THE PRACTICE OF PRO BONO WORLDWIDE TO DRIVE SOCIAL CHANGE

TrustLaw Index of Pro Bono - Regional Analysis The analysis in this section relates to Europe excluding England and Wales. The 2016 Index data shows that pro bono engagement is strong across Europe among both partners and fee earners. Thirty nine law firms with offices in 27 countries across Europe submitted data on their pro bono practices for the 2016 Index, a significant increase from the 31 firms that submitted in 2015. Data for nearly all key indicators suggested growth in individual lawyers’ commitment to pro bono, expansion of the practice across previously unreached jurisdictions and an increasing number of law firms using pro bono as a tool to engage and retain lawyers.

While there was a 30 percent increase in the total number of pro bono hours carried out by firms with offices in Europe last year, the average annual pro bono hours carried out by fee earners dropped nominally from 15.9 hours to 15.2 hours. However, findings in both of these years show an appreciable increase from the first year of the Index, when fee earners in European offices did an average of 12.3 hours of pro bono each. Such comparisons suggest a net increase in pro bono contributions since the Index began. In addition, the percentage of fee earners who reported doing 10 or more hours of pro bono work increased in the last year, from 25.1 percent to 26.0 percent.

Partner engagement in Europe increased over the last year with partners’ average annual pro bono hours increasing slightly from 10.0 to 10.8 hours and 42.5 percent of partners in European firms contributing some time to pro bono initiatives (representing a 30 percent increase from the 2015 Index).

In recent years, pro bono clearinghouses and other organisations have focused on spreading the practice of pro bono across Europe engaging lawyers in a discussion on how national movements might join forces to more effectively address the legal needs of underserved communities across the continent. Although the European Convention on Human Rights (Article 6, Section 3c) requires all EU member states to provide free legal assistance to citizens in need of representation and unable to pay for legal services, the demand for free

1 http://www.echr.coe.int/Documents/Convention_ENG.pdf

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or reduced-fee legal services is not met by government legal aid in many countries. The current refugee crisis has highlighted the need for collaborative cross-border efforts to address shared legal challenges.

EUROPE

FEE EARNERS WITH 10+ HOURS FIRM NAME COUNTRY AVERAGE HOURS PER FEE EARNER OF PRO BONO (%) Akin Gump Strauss Hauer & Feld LLP Russia 2.85 7.69 Akin Gump Strauss Hauer & Feld LLP Switzerland 38.38 50.00 Arnold & Porter LLP 45.75 75.00 Ashurst Belgium 31.27 38.10 Ashurst France 3.39 10.26 Ashurst 7.68 14.61 Ashurst Italy 9.46 37.04 Ashurst Spain 18.62 47.69 Ashurst 7.90 16.67 Ashurst UK – Scotland 66.53 76.36 Atsumi & Sakai Germany 0.00 0.00 Chatain & Associes France 3.08 23.08 Cleary Gottlieb Steen & Hamilton LLP Belgium 18.41 23.30 Cleary Gottlieb Steen & Hamilton LLP France 7.92 11.11 Cleary Gottlieb Steen & Hamilton LLP Germany 1.46 4.29 Cleary Gottlieb Steen & Hamilton LLP Italy 20.68 26.42 Cleary Gottlieb Steen & Hamilton LLP Russia 3.56 11.11 Debarliev, Dameski & Kelesoska Attorneys at law Macedonia 0.63 0.00 Debevoise & Plimpton LLP France 28.50 50.00 Debevoise & Plimpton LLP Germany 7.89 22.22 Debevoise & Plimpton LLP Russia 0.91 4.17 Dechert Belgium 70.67 100.00 Dechert France 40.69 91.43 Dechert Georgia 45.00 100.00 Dechert Germany 48.66 96.88 Dechert Ireland 38.50 100.00 Dechert 20.86 71.43 Dechert Russia 87.22 77.78 DLA Piper Austria 17.30 32.73 DLA Piper Belgium 26.89 41.58 Czech DLA Piper 3.29 13.64 Republic DLA Piper France 57.51 33.14 DLA Piper Georgia 10.09 15.15 DLA Piper Germany 9.76 17.55 DLA Piper Hungary 39.53 40.63 DLA Piper Italy 12.00 18.28 DLA Piper Luxembourg 9.93 41.67 DLA Piper Netherlands 14.46 28.70 DLA Piper Russia 29.44 44.29 DLA Piper Spain 6.59 12.00 [email protected] K2 trustlawindex2016.trust.org TRUSTLAW INDEX OF PRO BONO 2016

EUROPE

DLA Piper 29.63 32.65 DLA Piper Romania 5.38 14.29 DLA Piper Slovakia 32.14 71.43 DLA Piper Ukraine 18.75 56.52 Eversheds UK – Other 11.61 56.96 Freshfields Bruckhaus Deringer LLP Austria 4.18 - Freshfields Bruckhaus Deringer LLP Belgium 6.72 - Freshfields Bruckhaus Deringer LLP France 24.99 - Freshfields Bruckhaus Deringer LLP Germany 6.10 - Freshfields Bruckhaus Deringer LLP Italy 6.29 - Freshfields Bruckhaus Deringer LLP Netherlands 14.44 - Freshfields Bruckhaus Deringer LLP Russia 3.39 - Freshfields Bruckhaus Deringer LLP Spain 0.70 - Hillbridges, s.r.o Slovakia 33.35 41.18 Belgium 15.58 48.39 Hogan Lovells France 15.76 22.49 Hogan Lovells Germany 6.15 15.46 Hogan Lovells Italy 4.10 15.73 Hogan Lovells Luxembourg 1.65 5.00 Hogan Lovells Netherlands 7.32 14.04 Hogan Lovells Russia 2.81 11.86 Hogan Lovells Spain 16.94 42.61 Hogan Lovells Poland 10.00 30.86 K & L Gates LLP Belgium 0.00 0.00 K & L Gates LLP France 1.00 3.85 K & L Gates LLP Germany 4.03 15.38 K & L Gates LLP Italy 2.81 4.76 K & L Gates LLP Russia 0.00 0.00 K & L Gates LLP Poland 12.78 29.09 Kinstellar Bulgaria 11.18 27.27 Czech Kinstellar 2.93 2.56 Republic Kinstellar Slovakia 6.97 13.33 Kirkland & Ellis LLP Germany 30.05 64.86 Lalive Switzerland 2.60 6.49 Latham & Watkins LLP Belgium 30.00 75.86 Latham & Watkins LLP France 45.11 71.26 Latham & Watkins LLP Germany 56.76 68.83 Latham & Watkins LLP Italy 25.60 53.49 Latham & Watkins LLP Russia 93.32 100.00 Latham & Watkins LLP Spain 59.39 94.44 Legance Studio Legale Associato Italy 1.48 3.50 Lexing Spain SL Spain 16.00 100.00 LLP Belgium 5.17 10.94 Linklaters LLP France 2.53 8.52 Linklaters LLP Germany 2.35 4.63 [email protected] K3 trustlawindex2016.trust.org TRUSTLAW INDEX OF PRO BONO 2016

EUROPE

Linklaters LLP Italy 0.99 2.86 Linklaters LLP Luxembourg 1.89 8.82 Linklaters LLP Netherlands 1.27 6.00 Linklaters LLP Portugal 9.51 11.11 Linklaters LLP Russia 6.38 14.06 Linklaters LLP Spain 2.79 9.84 Linklaters LLP Poland 4.63 10.77 Linklaters LLP Sweden 2.09 5.88 Martins Alfaro, Rui Teixeira & Associados Portugal 11.43 71.43 Mayer Brown International LLP Belgium 47.93 46.67 Mayer Brown International LLP France 9.24 23.68 Mayer Brown International LLP Germany 19.29 32.69 McDermott Will & Emery LLP Belgium 21.85 90.00 McDermott Will & Emery LLP France 18.98 37.50 McDermott Will & Emery LLP Germany 34.58 46.24 McDermott Will & Emery LLP Italy 13.19 33.33 Morrison and Foerster Belgium 59.86 57.14 Morrison and Foerster Germany 47.30 70.27 Orrick, Herrington and Sutcliffe LLP France 14.54 29.89 Orrick, Herrington and Sutcliffe LLP Germany 21.46 70.27 Orrick, Herrington and Sutcliffe LLP Italy 8.57 23.19 Orrick, Herrington and Sutcliffe LLP Russia 31.33 88.89 Orrick, Herrington and Sutcliffe LLP Switzerland 0.00 0.00 Paul Hastings France 51.15 69.23 Paul Hastings Germany 21.54 75.00 Paul Hastings Italy 33.99 92.00 Reed Smith LLP France 15.57 26.09 Reed Smith LLP Germany 23.10 52.50 Reed Smith LLP Greece 0.22 0.00 Savoric & Partners, LLC Croatia 13.50 60.00 Shearman & Sterling LLP Belgium 18.33 26.67 Shearman & Sterling LLP France 11.47 9.20 Shearman & Sterling LLP Germany 7.99 14.29 Shearman & Sterling LLP Italy 5.10 18.52 Simmons & Simmons Belgium 1.49 - Simmons & Simmons France 3.41 - Simmons & Simmons Germany 3.28 - Simmons & Simmons Italy 2.74 - Simmons & Simmons Luxembourg 13.00 - Simmons & Simmons Netherlands 3.23 - Simmons & Simmons Spain 4.44 - Skadden, Arps, Slate, Meagher and Flom LLP Belgium 11.81 11.76 Skadden, Arps, Slate, Meagher and Flom LLP France 71.13 86.21 Skadden, Arps, Slate, Meagher and Flom LLP Germany 48.41 83.33 Skadden, Arps, Slate, Meagher and Flom LLP Russia 39.40 75.00

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EUROPE

Vieira de Almeida & Associados Portugal 26.58 35.18 Czech Weil, Gotshal & Manges LLP 24.63 25.49 Republic Weil, Gotshal & Manges LLP France 4.65 5.26 Weil, Gotshal & Manges LLP Germany 14.09 28.89 Weil, Gotshal & Manges LLP Hungary 31.19 33.33 Weil, Gotshal & Manges LLP Poland 34.04 15.38 White and Case Belgium 35.36 63.83 Czech White and Case 14.64 28.00 Republic White and Case France 9.71 28.02 White and Case Germany 12.61 27.03 White and Case Russia 23.07 55.93 White and Case Spain 40.36 81.82 White and Case Turkey 17.07 56.14 White and Case Finland 7.82 27.27 White and Case Poland 28.60 32.56 White and Case Slovakia 37.92 76.92 White and Case Sweden 5.11 15.56 White and Case Switzerland 18.40 40.00 Wilmer Cutler Pickering Hale and Dorr LLP Belgium 4.03 7.14 Wilmer Cutler Pickering Hale and Dorr LLP Germany 5.34 9.30 Wilmer Cutler Pickering Hale and Dorr LLP UK – Other 78.35 86.15 Winston & Strawn LLP France 39.00 13.79

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Belgium As in many European countries, the comprehensive legal aid system in Belgium somewhat diminishes the demand for private lawyers to provide pro bono legal services. However, pro bono programmes have begun to proliferate with the establishment of Belgian offices by a growing number of Anglo-American international law firms, many of whom require lawyers to engage in pro bono work.

Although individuals are generally well served by the government legal aid system, pro bono programmes have often addressed the legal needs of non-profit organisations related to corporate matters such as employment or contracts or legal questions regarding government advocacy at the levels of both national and European courts and institutions. As the public legal aid system also requires lawyers to provide mandatory (government-subsidised) legal representation when requested, the Belgian legal community and local Bar associations have been resistant to proposals for mandatory pro bono requirements. Since state- funded legal assistance was made a constitutional right in 1980, private lawyers have not felt the need to engage as heavily in pro bono work as was the case before there was a government commitment to provide such services.

Eighteen law firms in Belgium submitted data for the 2016 Index, representing a growth in participation of 50 percent from last year’s 12 submissions. While there was a decrease in the average number of pro bono hours per fee earner from 27.1 hours in the 2015 Index to 19.0 hours this year, other key indicators were positive. The percentage of fee earners doing 10 or more hours of pro bono increased from the 27.2 percent reported in last year’s Index to 30.7 percent.

As in previous years, partner pro bono engagement remained strong in Belgium: the 2016 data indicates that 37.1 percent of partners participated in some pro bono work, a slight increase from the 32.3 percent reported in the 2015 Index. Partners based in Belgium reported performing an average of 10.4 hours of pro bono each, commensurate with 2015 Index findings.

BELGIUM

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Arnold & Porter LLP 45.75 75.00 Ashurst 31.27 38.10 Cleary Gottlieb Steen & Hamilton LLP 18.41 23.30 Dechert 70.67 100.00 DLA Piper 26.89 41.58 Freshfields Bruckhaus Deringer LLP 6.72 - Hogan Lovells 15.58 48.39

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BELGIUM

K & L Gates LLP 0.00 0.00 Latham & Watkins LLP 30.00 75.86 Linklaters LLP 5.17 10.94 Mayer Brown International LLP 47.93 46.67 McDermott Will & Emery LLP 21.85 90.00 Morrison and Foerster 59.86 57.14 Shearman & Sterling LLP 18.33 26.67 Simmons & Simmons 1.49 - Skadden, Arps, Slate, Meagher and Flom LLP 11.81 11.76 White and Case 35.36 63.83 Wilmer Cutler Pickering Hale and Dorr LLP 4.03 7.14

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Czech Republic Though the practice of pro bono has historically played a prominent role in the ’s legal culture, it has gained popularity in recent years as a useful means of addressing many of the social problems that the country faces. As a result of Europe’s ongoing immigration crisis, a number of Czech NGOs have been established to provide legal representation to individuals in immigration and asylum proceedings who, as foreign nationals, do not have access to the state-funded legal aid system.2 There are also a number of Czech non-profit organizations dedicated to ensuring that civil society’s input is taken into account in the legislative process and to guaranteeing that the public is informed of legal changes that may affect them.

The Pro Bono Alliance 3 is a leader among these in the Czech Republic and is dedicated not only to ensuring access to justice, but also in improving legal education in the country, promoting private pro bono within the legal community, serving as a national pro bono clearinghouse, advocating for improvement of the public legal aid system, informing citizens of their constitutional rights, and working with law schools to develop law clinics.

Four law firms with operations in the Czech Republic submitted data for the 2016 Index. Findings show that the pro bono engagement of fee earners has changed little over the past year; the average hours of pro bono done last year held constant from the previous year at 13.4 hours per lawyer, while the percentage of fee earners doing ten or more hours of pro bono work during the year dropped from 26.6 percent reported in the 2015 Index to 19.1 percent reported this year.

Partner engagement also increased with the average number of hours that partners in the Czech Republic dedicated to pro bono work increasing from 10.5 hours in 2015 to 15.3 hours reported this year, a 47.5 percent annual increase. Following this trend, the percentage of partners who spent any time on pro bono was 54.5 percent this year compared to only 18.2 percent reported in the 2015 Index.

CZECH REPUBLIC

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) DLA Piper 3.29 13.64 Kinstellar 2.93 2.56 Weil, Gotshal & Manges LLP 24.63 25.49 White and Case 14.64 28.00

2 https://www.lw.com/admin/Upload/Documents/Global%20Pro%20Bono%20Survey/A-Survey-of-Pro-Bono-Practices-and-Opportunities.pdf 3 http://www.probonoaliance.cz/en

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France As in many European jurisdictions, international law firms have been leaders in the effort to professionalise pro bono work among lawyers in France. While pro bono initiatives in international firms are commonly coordinated by a dedicated internal team, anecdotal evidence suggests that domestic French law firms are more likely to engage in pro bono on a case-by-case basis at the behest of lawyers who express interest in a particular issue and take the initiative to enlist the help of colleagues in addressing the particular legal matter on a pro bono basis. A number of different access to justice initiatives have been established by domestic French organisations, such as Barreau de Paris Solidarité, Pro Bono Lab or AADH. The creation of such programmes suggests that the integration of pro bono practices within French culture is viewed as a viable complement to state-subsidised legal aid.4

The predominance of international law firms in France’s firm-led pro bono activities was evident in this year’s Index participants, among whom only one domestic law firm was represented. This may be due in part to the tendency in France of pro bono initiatives to be coordinated by specialised non-profit organizations dedicated to the practice, as opposed to a reliance on firms to provide pro bono guidance. Also common in the country is pro bono engagement by lawyer pro bono networks organized by members themselves and independent of law firms.5

Twenty two submissions were received from law firms with offices in France, stronger participation than has been seen in previous years. General trends in the country’s pro bono engagement show promising growth in a country where legal pro bono took a bit longer to gain traction than in other parts of continental Europe. Fee earners did more pro bono work on average over the last year (20.0 hours) than in the previous year (18.4 hours), continuing the annual growth in rates of pro bono that have been seen in France since the Index began collecting data. The percentage of lawyers spending at least ten hours on pro bono initiatives remained constant, with firms reporting 25.2 percent in both 2015 and 2016.

Partner engagement among law firms in France also continues to grow at a steady pace. Partners contributed an average of 8.4 hours each over the past year compared to the 7.9 hours reported in the 2015 Index. In addition, 36.7 percent of partners worked on pro bono projects over the last year compared to the 34.9 percent reported in the 2015 Index findings.

4 https://www.lw.com/admin/Upload/Documents/Global%20Pro%20Bono%20Survey/A-Survey-of-Pro-Bono-Practices-and-Opportunities.pdf 5 Ibid.

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FRANCE

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Ashurst 3.39 10.26 Chatain & Associes 3.08 23.08 Cleary Gottlieb Steen & Hamilton LLP 7.92 11.11 Debevoise & Plimpton LLP 28.50 50.00 Dechert 40.69 91.43 DLA Piper 57.51 33.14 Freshfields Bruckhaus Deringer LLP 24.99 - Hogan Lovells 15.76 22.49 K & L Gates LLP 1.00 3.85 Latham & Watkins LLP 45.11 71.26 Linklaters LLP 2.53 8.52 Mayer Brown International LLP 9.24 23.68 McDermott Will & Emery LLP 18.98 37.50 Orrick, Herrington and Sutcliffe LLP 14.54 29.89 Paul Hastings 51.15 69.23 Reed Smith LLP 15.57 26.09 Shearman & Sterling LLP 11.47 9.20 Simmons & Simmons 3.41 - Skadden, Arps, Slate, Meagher and Flom LLP 71.13 86.21 Weil, Gotshal & Manges LLP 4.65 5.26 White and Case 9.71 28.02 Winston & Strawn LLP 39.00 13.79

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Germany Pro bono culture in Germany is developing steadily, with the pro bono legal community now in agreement that minimum legal fee rules do not apply to pro bono work. Pro bono Deutschland e.V., which is comprised of 32 local and international firms, has been a strong influence on the promotion of pro bono services for national and international NGOs, which are less likely to qualify for legal aid under Germany’s comprehensive legal aid system.

Legal entities need to be based in Germany, the European Union or an EFTA member state to qualify for legal aid. Pro bono Deutschland has worked hard to remove barriers to pro bono, such as the notion that it could constitute unfair competition. International firms with offices in Germany, which typically have long- standing, institutionalized pro bono programs, are helping to formalize pro bono and raise media awareness about the social value that is being created by lawyers.

The emergence of local clearing houses and foundations that support and facilitate free legal and professional services for NGOs highlights the growing demand for pro bono opportunities among lawyers and other professionals. In-house legal teams confront the same barriers experienced by most in-house legal teams across Europe: a lack of professional liability insurance for pro bono work. As a result, there are few with formal pro bono programmes in Germany.

Index statistics on pro bono in Germany demonstrate the momentum it has gained among lawyers. TrustLaw received 24 Index submissions this year, while the 2015 Index analyzed data from only 16 firms. German lawyers did an average of 12.8 hours of pro bono over the last year, a slight increase on the 12.6 hours reported the previous 12 months. However, the percentage of fee earners doing 10 or more hours of pro bono work did fall slightly, from 23.8 percent to 20.5 percent.

Nevertheless, partner engagement among firms in Germany continues to exhibit growth. Partners averaged 11.5 hours of pro bono this year, compared with 9.1 hours last year. Findings showed that 44.2 percent of partners worked on pro bono projects last year, noticeably higher than the 38.1 percent of partners who did so during the previous year.

GERMANY

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Ashurst 7.68 14.61 Atsumi & Sakai 0.00 0.00

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GERMANY

Cleary Gottlieb Steen & Hamilton LLP 1.46 4.29 Debevoise & Plimpton LLP 7.89 22.22 Dechert 48.66 96.88 DLA Piper 9.76 17.55 Freshfields Bruckhaus Deringer LLP 6.10 - Hogan Lovells 6.15 15.46 K & L Gates LLP 4.03 15.38 Kirkland & Ellis LLP 30.05 64.86 Latham & Watkins LLP 56.76 68.83 Linklaters LLP 2.35 4.63 Mayer Brown International LLP 19.29 32.69 McDermott Will & Emery LLP 34.58 46.24 Morrison and Foerster 47.30 70.27 Orrick, Herrington and Sutcliffe LLP 21.46 70.27 Paul Hastings 21.54 75.00 Reed Smith LLP 23.10 52.50 Shearman & Sterling LLP 7.99 14.29 Simmons & Simmons 3.28 - Skadden, Arps, Slate, Meagher and Flom LLP 48.41 83.33 Weil, Gotshal & Manges LLP 14.09 28.89 White and Case 12.61 27.03 Wilmer Cutler Pickering Hale and Dorr LLP 5.34 9.30

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Italy Although pro bono is not a common practice in Italy, the landscape has seen some notable changes recently. There have been several initiatives by law firms and new clearing houses to continue to build a culture of pro bono, such as the launch of the Pro Bono Legal Aid program by the Italian Coalition for Civil Rights & Freedoms (CILD) in early 2015, with support from PILnet. The 2015 European Pro Bono Forum, which was hosted in last November, also resulted in a wave of proposals from both local law firms and NGOs to grow an Italian network of pro bono. It remains to be seen whether pro bono work will become part of the legal culture or framework in Italy.

This year, 14 law firms with offices in Italy submitted data for the TrustLaw Index compared to 10 submissions the previous year. One of these was received from a domestic Italian law firm, while the rest reported on the pro bono work of international law firms with operations in the country. Lawyers gave on average 9.0 hours of their time to pro bono initiatives in the past year, effectively unchanged from the 8.9 hours reported the previous year. However, levels of fee-earner participation dropped noticeably, from 21 percent reported in the 2015 Index to 16.9 percent reported this year.

Partners in Italy have maintained a relatively consistent rate of pro bono engagement over the past year, with 2015 findings indicating 24.8 percent partner engagement and 2016 findings of 28.7 percent. Similarly, the average number of hours that individual partners dedicate to pro bono work dropped slightly from the 5.3 hours reported in the 2015 Index to 5.1 hours this year.

Enthusiasm for pro bono is growing in Italy, but a lack of clarity under Italian law is hampering widespread engagement. There have been cases of disciplinary action taken against lawyers who have offered their services pro bono without clear guidance from professional bodies and there is a risk this may happen again. The fact that Index participation by law firms in Italy has risen 25 percent since 2014 may be evidence of this growth, despite the lack of clarity of the local regulations.

ITALY

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Ashurst 9.46 37.04 Cleary Gottlieb Steen & Hamilton LLP 20.68 26.42 DLA Piper 12.00 18.28 Freshfields Bruckhaus Deringer LLP 6.29 - Hogan Lovells 4.10 15.73 K & L Gates LLP 2.81 4.76 Latham & Watkins LLP 25.60 53.49

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ITALY

Legance Studio Legale Associato 1.48 3.50 Linklaters LLP 0.99 2.86 McDermott Will & Emery LLP 13.19 33.33 Orrick, Herrington and Sutcliffe LLP 8.57 23.19 Paul Hastings 33.99 92.00 Shearman & Sterling LLP 5.10 18.52 Simmons & Simmons 2.74 -

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Luxembourg Luxembourg has a highly developed government-funded legal aid system, which ranks among the most efficient in Europe.6 The government operates under a system of mandatory assignments, and lawyers are remunerated by the government for services rendered.

As a result of the comprehensive public system, demand for private lawyers to provide pro bono legal assistance is low. In addition to the organised pro bono work prevalent among international law firms, many lawyers in Luxembourg assist NGOs and non-profit organizations on a pro bono basis. Microfinance is one growing sector of non-profit work in which Luxembourg is emerging as a key actor.7

Index findings on pro bono work in Luxembourg showed drops in participation across the board this year, and all Index submissions were received from international law firms with offices in Luxembourg. Although more firms participated in the Index in 2016 (five compared to only two participants in the 2015 Index), further analysis indicated decreased engagement. It may be that this year’s findings are more reflective of the situation in Luxembourg as a result of the greater number of submissions, though comparison with previous data remains valid. For example, fee earners completed an average of 5.7 pro bono hours each over the last year, a drop of nearly 60 percent from the previous year’s findings of 14.2 hours. The percentage of fee earners doing ten or more hours of pro bono over the year also decreased substantially, from 35.3 percent to 17.6 percent.

Partner engagement also saw dramatic declines over the past year. While 85.7 percent of partners based in Luxembourg reported participating in some pro bono work for the 2015 Index, only 47.4 percent did so this year. In addition, partners reported doing an average of 4.8 hours of pro bono each over the past year, whereas data for the previous year indicated an average of 10.6 hours per partner, an annual drop of more than 50 percent.

LUXEMBOURG

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Dechert 20.86 71.43 DLA Piper 9.93 41.67 Hogan Lovells 1.65 5.00 Linklaters LLP 1.89 8.82 Simmons & Simmons 13.00 -

6 https://www.lw.com/admin/Upload/Documents/Global%20Pro%20Bono%20Survey/A-Survey-of-Pro-Bono-Practices-and-Opportunities.pdf 7 Ibid.

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Netherlands The Netherlands has a well-funded and comprehensive public legal aid system to serve the needs of indigent and low-income individuals. A constitutional right to legal representation for individuals has been in effect since the 1980s.8 As a result, private law firms generally engage in pro bono work with the objective of advancing the social agenda, promoting human rights, or supporting cases with the potential to set broadly applicable legal precedents that aim to enhance the public good beyond the scope of a single case.9

Following the expansion into the Netherlands of large Anglo-American law firms with storied traditions of pro bono, the practice has spread rapidly within the Dutch legal community. And as international pro bono gains momentum, law firms interested in pro bono opportunities are increasingly looking abroad to engage in projects that strengthen democratic processes, the rule of law and access to justice in less-developed countries.

This year, data was received from five law firms with offices in the Netherlands. All data was received from local offices of international firms. As 2016 was the first year in which multiple Dutch offices submitted Index data, annual datasets cannot easily be compared to identify chronological trends. However, 2016 findings were strong regionally and showed that fee earners did on average 9.5 hours of pro bono work over the past year, and 11.5 percent of fee earners contributed ten or more hours. Partner involvement is also strong in the Netherlands, with 37.0 percent of partners engaging in some pro bono work over the past year. On average, individual partners spent 10.9 hours on pro bono last year.

NETHERLANDS

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) DLA Piper 14.46 28.70 Freshfields Bruckhaus Deringer LLP 14.44 - Hogan Lovells 7.32 14.04 Linklaters LLP 1.27 6.00 Simmons & Simmons 3.23 -

8 http://www.rvr.org/Informatie-over-de-raad/organisatie/taken-van-de-raad/geschiedenis.html, as cited in A Survey of Pro Bono Practices and Opportunities, Latham & Watkins 2016. 9 https://www.lw.com/admin/Upload/Documents/Global%20Pro%20Bono%20Survey/A-Survey-of-Pro-Bono-Practices-and-Opportunities.pdf

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Poland Though pro bono engagement in many European countries is led by international law firms, Poland’s domestic legal community has readily adopted the practice over the past decade. The country’s relatively sophisticated pro bono infrastructure has helped to foster the growing culture of pro bono in Poland by providing a platform to publicise pro bono opportunities, connecting like-minded legal practitioners, and holding conferences bringing together national and regional actors in the pro bono space to discuss challenges, opportunities, and the future of the sector.

Six Index submissions were received this year from law firms with offices in Poland, all from local branches of international firms. Fee-earner participation decreased noticeably over the past year, with the average number of hours per fee earner dropping from 26.9 in the 2015 Index to 19.3 hours reported this year. The percentage of fee earners in Poland doing ten or more hours of pro bono saw a similar drop, from 30.9 percent in the 2015 Index to 24.3 percent reported this year.

Despite declining fee-earner participation, partner engagement showed greater impetus. The average number of partner pro bono hours over last year increased to 29.0 hours compared to 26.4 hours reported in the 2015 Index. In addition, 36.0 percent of partners provided some pro bono assistance over the past year compared to 31.7 percent reported in last year’s Index.

POLAND

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) DLA Piper 29.63 32.65 Hogan Lovells 10.00 30.86 K & L Gates LLP 12.78 29.09 Linklaters LLP 4.63 10.77 Weil, Gotshal & Manges LLP 34.04 15.38 White and Case 28.60 32.56

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Russia The provision of legal aid in Russia has long been perceived as a responsibility that falls exclusively within the purview of government. As a result, private law firms have not traditionally engaged in pro bono legal work. To the extent that the practice has been embraced by local law firms, pro bono work in Russia largely focuses on the legal needs of non-profit organizations and NGOs working in the public interest. Such groups are not served by the public system, though they play an invaluable role in maintaining a robust civil society. Private law firms are therefore addressing an important public need by providing NGOs with the legal support they need in order to dedicate all of their resources to confronting the challenges that civil society faces.

All 2016 Index data on the pro bono work of lawyers in Russia was received from local offices of international firms. Data was received from eleven law firms with offices in Russia, a small increase in participation over the five firms that submitted data for their Russian offices last year. Data suggests mixed findings on the state of the pro bono legal sector in Russia. The average number of pro bono hours by fee earners last year dropped from 24.7 hours to 18.1 hours reported this year. Fee-earner participation saw a similar decline from 40.5 percent reported in the 2015 Index to 29.1 percent reported this year.

Findings on levels of partner engagement indicate that individual partners in Russia are spending quite a bit less time on pro bono matters than in previous years, with the average number of pro bono hours per partner dropping from last year’s 41.0 hours to 15.0 hours. However, the percentage of partners engaging in pro bono work continues to rise, with 46.6 percent of partners working on pro bono last year compared to 45.2 percent the previous year and only 30.0 percent reported in 2014.

RUSSIA

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Akin Gump Strauss Hauer & Feld LLP 2.85 7.69 Cleary Gottlieb Steen & Hamilton LLP 3.56 11.11 Debevoise & Plimpton LLP 0.91 4.17 Dechert 87.22 77.78 DLA Piper 29.44 44.29 Freshfields Bruckhaus Deringer LLP 3.39 - Hogan Lovells 2.81 11.86 K & L Gates LLP 0.00 0.00 Latham & Watkins LLP 93.32 100.00 Linklaters LLP 6.38 14.06 Orrick, Herrington and Sutcliffe LLP 31.33 88.89 Skadden, Arps, Slate, Meagher and Flom LLP 39.40 75.00 White and Case 23.07 55.93

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Slovakia The practice of pro bono, as carried out by both private law firms and government-funded initiatives, continues to spread throughout Slovakia. Analysis of Index data submitted in 2016 on the pro bono work of lawyers based in Slovakia showed positive growth across all key indicators. The findings suggest the practice of pro bono is gaining popularity within the legal community in many Eastern European countries, including Slovakia.

Fee earners donated more of their time last year to pro bono matters than in previous years, with lawyers doing on average 26.7 hours of pro bono each, 40 percent more than the 19.1 pro bono hours that fee earners averaged over the previous year. Findings also show that 46.2 percent of fee earners did 10 or more hours of pro bono work compared to 40.5 percent reported in the 2015 Index, giving further credence to the claim that pro bono activities are increasingly popular among lawyers in Slovakia. Thus, it seems that lawyers’ engagement with pro bono is not only spreading, but attracting dedicated followers, growing numbers of whom are willing to invest more time in pro bono projects.

Also encouraging is the rise in partner engagement among law offices in Slovakia. Index submissions in 2016 showed that partners gave an average of 22.5 hours of their time to pro bono work, while no data was submitted in the 2015 Index concerning partners’ pro bono activities. Additionally, 42.8 percent of partners spent some time on pro bono work over the past year.

SLOVAKIA

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) DLA Piper 32.14 71.43 Hillbridges, s.r.o. 33.35 41.18 Kinstellar 6.97 13.33 White and Case 37.92 76.92

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Spain The academic community was traditionally the most vocal of pro bono in Iberia, however the legal community has been working hard in recent years to strengthen the culture of pro bono in regions where low- income individuals have long been considered the only eligible recipients of free legal aid. Spanish law firms have strengthened their commitment to expanding the practice of pro bono beyond these narrow parameters to include non-profit organisations and social enterprises working in the public interest. Law firms are also showing greater willingness to enlist the help of pro bono clearinghouses and related organisations to ensure their progressively more ambitious corporate social responsibility (CSR) objectives are met.

Law firms’ pro bono contributions are an increasingly important consideration for corporations in choosing external legal partners. While a firm’s CSR commitments have not historically factored into Spanish companies’ decisions in selecting external counsel, trends are revealing a noticeable shift in favour of increased CSR commitments. When asked about the importance of law firms’ social engagement, a corporate executive in Spain confirmed, ‘How the law firm is perceived by our stakeholders and how it is acting within society is a key point when I retain external support.’ 10

The 2016 Index findings reflect anecdotal evidence to suggest the rapid expansion of pro bono engagement among law firms across the country. Index data was collected from eight law firms with offices in Spain, the highest level of participation since the Index began. A comparative annual analysis of country data from all three years of the Index reveals unprecedented growth over the past year. Individual lawyers did an average of 11.4 hours of pro bono each, while they reported contributing only 6.5 hours in the 2015 Index. In addition, the percentage of fee earners providing 10 or more hours of pro bono increased to 25.8 percent from the previous year’s 16.5 percent.

Partner pro bono engagement in Spain has also shown promising growth. The percentage of partners contributing time to pro bono projects increased from 24.6 percent reported in the 2015 Index to 45.7 percent this year. Individual partners are also spending more time on pro bono projects, as the average number of hours per partner over the last year was 12.1 hours compared to the 4.3 hours reported in the 2015 Index, an annual increase of more than 200 percent.

10 http://www.vda.pt/xms/files/Noticias/2015/Iberian_Lawyer_VdA_ProBono_increasingly_a_factor_in_clients_-_choice_of_law_firms.pdf

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SPAIN

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Ashurst 18.62 47.69 DLA Piper 6.59 12.00 Freshfields Bruckhaus Deringer LLP 0.70 - Hogan Lovells 16.94 42.61 Latham & Watkins LLP 59.39 94.44 Lexing Spain SL 16.00 100.00 Linklaters LLP 2.79 9.84 Simmons & Simmons 4.44 - White and Case 40.36 81.82

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Switzerland As in much of Western Europe where government legal aid schemes are often sufficiently funded to meet public demand for free or subsidised legal services, there is not a strong culture of pro bono in Switzerland. Lawyers may be appointed by the local government in their cantons to take on cases through the public legal aid system. As a result of the comprehensive legal aid system, there is also relatively little pro bono infrastructure, such as clearinghouses or dedicated organisations, to support pro bono engagement among lawyers.

Much of the work that Swiss law firms engage in outside the public aid system is dedicated to augmenting the advocacy and social impact efforts of large NGOs and non-profit organisations that work to advance human rights internationally.11 Given Geneva’s prominence in the international community as the home of many influential international institutions, including the UNHCR, WHO, WTO, and many others, it is perhaps not surprising that many domestic lawyers are particularly drawn to international pro bono projects.

Four Index submissions were received from law firms with offices in Switzerland, including one domestic Swiss firm. Though this represents an increase in Index participation from firms in Switzerland, pro bono data collected suggests that engagement at the national level has not changed significantly from previous Index findings. The average pro bono commitment per lawyer was 6.5 hours, an inconsequential variance from the 2015 Index finding of 6.7 hours. However, the percentage of fee earners dedicating ten or more hours to pro bono dropped from 18.6 percent in the 2015 Index to 12.0 percent this year.

While the annual average number of partner pro bono hours decreased from 1.2 hours to 0.2 hours, the percentage of partners participating in pro bono work in Switzerland has increased from 5.9 percent to 10.0 percent, suggesting that partner engagement, though still low regionally, is seeing moderate growth within Switzerland’s legal community.

SWITZERLAND

FIRM NAME AVERAGE HOURS PER FEE EARNER FEE EARNERS WITH 10+ HOURS OF PRO BONO (%) Akin Gump Strauss Hauer & Feld LLP 38.38 50.00 Lalive 2.60 6.49 Orrick, Herrington and Sutcliffe LLP 0.00 0.00 White and Case 18.40 40.00

11 http://www.lalive.ch/en/csr/index.php

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